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This book is the first-ever comprehensive analysis of international
law from Global South perspectives with specific reference to
Bangladesh. The book not only sheds new light on classical
international law concepts, such as statehood, citizenship, and
self-determination, but also covers more current issues including
Rohingya refugees, climate change, sustainable development,
readymade garment workers and crimes against humanity. Written by
area specialists, the book explores how international law shaped
Bangladesh state practice over the last five decades; how
Bangladesh in turn contributed to the development of international
law; and the manner in which international law is also used as a
hegemonic tool for marginalising less powerful countries like
Bangladesh. By analysing stories of an ambivalent relationship
between international law and post-colonial states, the book
exposes the duality of international law as both a problem-solving
tool and as a language of hegemony. Despite its focus on
Bangladesh, the book deals with the more general problem of
post-colonial states' problematic relationship with international
law and so will be of interest to students and scholars of
international law in general, as well as those interested in the
Global South and South Asia in particular.
Ethnicity and International Law presents an historical account of
the impact of ethnicity on the making of international law. The
development of international law since the nineteenth century is
characterised by the inherent tension between the liberal and
conservative traditions of dealing with what might be termed the
'problem' of ethnicity. The present-day hesitancy of liberal
international law to engage with ethnicity in ethnic conflicts and
ethnic minorities has its roots in these conflicting philosophical
traditions. In international legal studies, both the relevance of
ethnicity, and the traditions of understanding it, lie in this
fact.
This book is the first-ever comprehensive analysis of international
law from Global South perspectives with specific reference to
Bangladesh. The book not only sheds new light on classical
international law concepts, such as statehood, citizenship, and
self-determination, but also covers more current issues including
Rohingya refugees, climate change, sustainable development,
readymade garment workers and crimes against humanity. Written by
area specialists, the book explores how international law shaped
Bangladesh state practice over the last five decades; how
Bangladesh in turn contributed to the development of international
law; and the manner in which international law is also used as a
hegemonic tool for marginalising less powerful countries like
Bangladesh. By analysing stories of an ambivalent relationship
between international law and post-colonial states, the book
exposes the duality of international law as both a problem-solving
tool and as a language of hegemony. Despite its focus on
Bangladesh, the book deals with the more general problem of
post-colonial states' problematic relationship with international
law and so will be of interest to students and scholars of
international law in general, as well as those interested in the
Global South and South Asia in particular.
The ideological function of the postcolonial 'national', 'liberal',
and 'developmental' state inflicts various forms of marginalisation
on minorities, but simultaneously justifies oppression in the name
of national unity, equality and non-discrimination, and economic
development. International law plays a central role in the
ideological making of the postcolonial state in relation to
postcolonial boundaries, the liberal-individualist architecture of
rights, and the neoliberal economic vision of development. In this
process, international law subjugates minority interests and in
turn aggravates the problem of ethno-nationalism. Analysing the
geneses of ethno-nationalism in postcolonial states, Mohammad
Shahabuddin substantiates these arguments with in-depth case
studies on the Rohingya and the hill people of the Chittagong Hill
Tracts, against the historical backdrop of the minority question in
Indian nationalist and constitutional discourse. Shahabuddin also
proposes alternative international law frameworks for minorities.
Ethnicity and International Law presents an historical account of
the impact of ethnicity on the making of international law. The
development of international law since the nineteenth century is
characterised by the inherent tension between the liberal and
conservative traditions of dealing with what might be termed the
'problem' of ethnicity. The present-day hesitancy of liberal
international law to engage with ethnicity in ethnic conflicts and
ethnic minorities has its roots in these conflicting philosophical
traditions. In international legal studies, both the relevance of
ethnicity, and the traditions of understanding it, lie in this
fact.
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